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In the United States, every employee, no matter where they are from or if they are here legally, has to prove they have the right to work here. At the same time, US companies have to check that all new hires are who they say they are and can do the job they were hired for.
Some people with visas must get an Employment Authorization Document (EAD) before working in the US. This is why one of the biggest worries when you think about moving to the US is finding a job. How will you make ends meet and support your family once you get to the United States?
What are the rules and benefits if you are allowed to work but haven’t become a citizen yet? Getting a job approval can take a while. Can you legally work before that? Two important papers can help you figure this out: the L–2 visa and an Employment Authorization Document (EAD).
If you can work in the United States, your spouse or children may be able to get these papers to become independent in the US. Many folks move to the US with their partners on a special L-2 visa. Moving to a new country with your partner can be tough, especially when you are trying to start over and find a new job.
Can you even work in the US with an L–2 visa? You can work in the US with an L–2 visa if you get an Employment Authorization Document (EAD). Here, we will cover important details about the L-2 visa and EAD and how they can help you kick-start a great career in the US.
What are L–2 visas?
There are different kinds of visas for people from other countries who want to work in the US, and many of them let the visa holders bring their spouses or kids with them. The L–2 visa is for the family members of people with L-1 visas. The L-1 visa is for workers from a big company or organization moving someone from their foreign office to one of their US branches.
This could be a parent, a branch, a subsidiary, or an affiliate of the company. There are two main types of L-1 visas: the L-1A and L-1B. The L-1A visa is for people from other countries who are top bosses or managers moving to a US branch to do the same job.
On the other hand, the L-1B visa is for people who know a lot about the company’s products, services, rules, and how things are done. These L-1 visa types also let a big company or organization that doesn’t have a US branch yet send someone from overseas to the US to help start one up.
If you are not a US citizen or a permanent resident, you must get special permission and approval before working in the US. This only works for specific kinds of visas. The good news is, if you have an L–2 visa, you can apply for an EAD (Employment Authorization Document), and if it is okay, you will be allowed to work in the US.
So basically, this EAD lets L–2 visa holders work in the US.
What is an EAD?
Employment Authorization Documents (EAD) serve as work permits for people from other countries in various immigration groups to show they are allowed to work in the US. They are proof that you have the approval to work here. The EAD card is kind of like a driver’s license.
How long you can use an EAD depends on where you are in the immigration process and your visa. Usually, EADs last for a year, but sometimes they can last up to five years. If you try to start working without an EAD, you are breaking the law, which could lead to your visa being taken and you being deported.
Who can apply for work approval through a L-2 visa?
To get work approval through an L–2 visa, you need to be married to a person who has an L-1 visa. You have to meet these things to be eligible:
- Being married to the L–1 visa holder: You have to be legally married to a person who has an L-1 visa. Usually, this person works for a US company or a company from another country and has been given an L-1 status.
- Being in the US on an L–2 visa: You should be in the US with an L–2 visa. This visa is for spouses and kids (under 21) of the L-1 visa holder. You must keep this visa status while applying for the EAD.
- Getting form I-765 approval: You need to have your EAD application, also called form I-765, approved by the United States Citizenship and Immigration Services (USCIS). You should send this application to USCIS with all the necessary documents. It is important to remember that your EAD is linked to your L–2 visa status. If your L–2 visa ends or is taken away for any reason, your EAD will be affected, too. So, keeping your L-2 visa status while you have an EAD is really important.
Also, the rules for being eligible and how to apply can change, so it is a good idea to check the USCIS website or talk to an immigration lawyer to get the latest info and advice for your situation.
How to apply
Getting work approval through an L-2 visa is a big deal for spouses of L-1 visa holders who want to work legally in the US. Here is a simple guide on how to do it:
Figure out if you are eligible.
Make sure you meet the requirements before you start:
- You have to be legally married to the main L-1 visa holder.
- You are in the US with an L–2 visa.
- Your EAD application (form I-765) has to be approved by the US Citizenship and Immigration Services (USCIS).
Gather what you need.
Collect all the important documents for your application. These usually include:
- Form I-765: This is the Employment Authorization Document form. You can find it on the USCIS website.
- Two passport-sized photos that follow the USCIS photo rules.
- A copy of your L–2 visa approval notice or the main L-1 visa holder’s approval notice.
- Any copies of EAD cards you have had before, if you have them.
- Proof of your marriage, like your marriage certificate.
- A copy of your passport’s identification pages and your latest visa stamp.
- Evidence that you are in the US with an L–2 visa, like a copy of your I-94 record and the main L-1 visa holder’s I-797 approval notice.
- A check or money order for the application fee (check the USCIS website for the latest fee).
Fill out form I-765 carefully.
Please make sure to fill out form I-765 completely and correctly. The form asks for information about your identity, immigration status, and category. Choose the right category, usually “L-2” for spouses of L1 visa holders.
Pay the fee.
Check the USCIS website for the latest fee and how to pay it. Make sure to include the right amount with your application.
Put everything together.
Organize your application packet with all the required documents. Put your completed form I-765 at the top.
Find out how long It takes.
Check the USCIS website for the latest processing times for EAD applications. This will help you determine when you can expect to receive your EAD card.
Send it out.
Mail your application packet to the right USCIS address. The address you use will depend on where you live. You can find the right address on the USCIS website.
Get a receipt notice.
Once USCIS receives your application, it will send you a receipt notice (form I-797C). This notice tells you they received your application and gives you a receipt number to keep track of its progress.
Go for a biometric meeting (if needed).
If USCIS needs you to come in for your fingerprints, photo, and signature, they will notify you with a notice.
Be patient.
USCIS will check your application, do background checks, and handle your request. After they say yes, you will get your EAD card in the mail. Remember, it can take some time, so applying early is important if you know you need to start working soon. Keep all your documents and emails about your EAD for your records. Once you get your EAD, you are good to go and can start looking for a job in the US and work towards your career dreams.
The processing timeline
The application processing timeline for work approval through an L-2 visa can differ from one service center to another. Usually, you can expect to wait between 60 to 90 days for the USCIS to decide about your application. Once they say yes, they will send you the EAD card, which looks much like a credit card.
They will let you know if your application doesn’t work out for any reason.
Where can I work after the work approval?
Usually, you can work anywhere in the US with an L-2 visa as long as your work permit is already good. This permit lasts two years, and as long as your visa is still valid, you can keep it going or make it longer if needed. However, if you are married to someone with an L-1 visa, you can only work for the company that started the visa process.
Extra perks of getting an L-2 visa include:
- Right to go to school in the US.
- Getting a job (whether it is full-time or part-time).
- Opening a bank account.
- Changing your immigration status by applying for a green card.
- Being able to travel around the US and even outside of it freely.
Can I work without an EAD?
Working in the US without a work permit or an L-2 visa is against the law. Working without permission can lead to being sent back to your home country and not being allowed back into the US. So, it is really important for people looking for jobs to follow the right steps to get a legal job.
Get help!
Trying to figure out the rules of a new place (and maybe even a new language) can be tough. The immigration lawyers at Gehi and Associates are here to help you with advice and guidance that is right for your situation. Whether you are already living in the US on an L-1 visa or married to someone who is, we can help you get the approval to work legally. If you have any questions, don’t hesitate to contact us!
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Our law offices in NY offers free consultations, both virtual and in-person, for all legal and immigration matters. To schedule one, please contact us today!